Entry without my permission

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Entry without my permission

    Good Evening to all more knowledgeable than me.

    On Tuesday i received a text from a gas service engineer asking if i was available for my annual gas safety check either Wednesday or Thursday.
    I responded when i got home and said i will find out with my boss but Thursday looks ideal.
    To which i got a reply saying dont worry ive already done it.
    I was seething. i feel violated and anxious as i beleive this is trespassing.
    My landlord isnt happy that the letting agent gave the contractor the keys without my permission.
    I have had the last 2 days off work due to stress.
    Is it possible to sue the letting agent for the stress this has caused me ?
    I welcome any help possible

    Regards

    #2
    In theory, yes, you can sue the agent.
    In practice, I think you'd be wasting your time, being blunt (you can probably have a free session with a solicitor to evaluate the possibilities, and they may advise differently).

    You're right, it is trespass, but, again, practically, there's not much you can do about it.

    What I would do in practice this weekend is change the locks on the property (keep the old ones to put back before you leave) and the problem will be resolved and you are back in control of access.
    It's possible that your tenancy agreement doesn't allow you to change the locks, but I can't see the landlord or agent doing anything about it.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      Views differ on what the law is and what should happen. My views are set out in the first two posts in this thread: https://forums.landlordzone.co.uk/fo...ion-or-viewing

      You certainly should not have been asked if Wednesday or Thursday was OK only to get home and find they have been on Tuesday. The point is though that entry was made without notice which has to be trespass. Whilst there has been a trespass I cannot honestly see there is much to be gained by suing the agent. Whilst I sympathise with you having been stressed by the unauthorised entry, I think it likely that a judge would find having to take two days off work rather unusual. Success cannot be guaranteed and the amount of any damages you get will probably not be worth the time and effort you put into it. If you are prone to stress, taking on a court case should only be done after careful consideration and certainly not if there is the real prospect that the reward will only be token.

      My suggestion is that you restrict yourself to raising a complaint with the professional organisation to which the agent belongs.

      Comment


        #4
        Lawcruncher,

        Many thanks for taking the time. Much appreciated

        Comment


          #5
          jpkeates,

          Many thanks for taking the time. Much appreciated

          Comment


            #6
            It was a bit of a move by the agent, you can certainly threaten to sue over trespass and impact to your right to quiet enjoyment and ask for a one-off rent reduction or something, however in practice you'd almost certainly fail in any actual claim and they are under no obligation to give you anything. The most important aspect to such a claim is damages. You have to be able to demonstrate an actual damage or loss of some kind. You can't.

            Feeling annoyed/stressed etc is not sufficient to award you money, because it can't be measured. How much is your stress worth? £5? £5,000,000? It's like being sued for offending someone, how can anyone know what will or won't offend someone, and to what degree? Impossible.

            Also, you'd need to prove that the issue directly caused your stress and whatever damage/loss you associate with it and that you were not someone who is simply prone to stress. Very hard to do.

            People have this weird perception that feeling aggrieved, stressed or upset entitles them to monetary compensation. It doesn't, unless the actions of the other party were particularly egregious, or you have a small army of legal council who will work for you pro bono, this won't even be worth look in.

            Comment


              #7
              surely this is bang out of order - what does your agreement say about access for non emergency access ?


              I would write a letter of complaint to the LL so he / she can take it up with the agent

              Comment


                #8
                Take a step back and actually look at what has happened.... 2 days off work with stress due to a gas safety check being carried out? I could understand if it was a burglar. Just ring the agent and thank them for carrying out a gas safety check keeping your home safe and let them know you have changed the locks to prevent them from accessing without the appropriate notice/permission again.

                Comment


                  #9
                  As others have said, just put in a complaint to landlord and explain how stressed you have been by it.
                  Don't whatever you do change the locks without asking landlord , this is highly likely to breach your tenancy and could cause much more stress.
                  Agents and landlords really do need access in emergencies.

                  Comment


                    #10
                    I would also write to the Letting Agent saying that in future they do send messages by text and that if they want anyone to enter the property you want a weeks notice in writing. and send it by recorded delivery.
                    Also did I not read once that solicitors put that they did "Not accept service" by emails.

                    Comment


                      #11
                      change locks, do not give them a key, you dont even have to inform them you changed the locks, its your right to change locks especially when they entered without your permission. keep old ones to put back when you leave and dont damage the door.

                      Comment


                        #12
                        Originally posted by bobthebuilder2 View Post
                        change locks, do not give them a key, you dont even have to inform them you changed the locks, its your right to change locks especially when they entered without your permission.
                        It isn't a tenant's "right" to change the locks.
                        There's not much a landlord or agent can do about it, but it isn't a "right"..

                        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                        Comment


                          #13
                          In fact in many cases changing the locks would be a breach of contract.

                          Comment


                            #14
                            I understand that tenants can breach everything in the contract and the landlord cannot do anything about it. Who cares apart from the landlord.

                            Comment


                              #15
                              Originally posted by jpkeates View Post
                              It isn't a tenant's "right" to change the locks.
                              If it is the case that a tenant has no right to change the locks the principle must apply to all tenancies. Surely no one is going to assert that the tenant of a flat under a long lease has no right to change the locks and that the landlord is entitled to a key.

                              The way I would put it is that there is not a specific right as such to change the locks, but rather no obligation on the tenant to refrain from changing them - unless such an obligation is expressly imposed.

                              It is difficult to see how changing the locks can be a breach of any other term of the tenancy if no damage is caused. I do not see any difference between changing the locks and putting up different curtains if the intention is to reverse the changes at the end of the tenancy.


                              Comment

                              Latest Activity

                              Collapse

                              Working...
                              X